STATE

DEPARTMENT OF th th FACT SHEET #6 West 17 Street and 10 Ave. Site New York, New York Brownfield Cleanup Program Site No. C231040

October 2008 NYSDEC REGION 2

NYSDEC Certifies Remediation Requirements Achieved at Brownfield Site West 17th Street and 10th Avenue ENVIRONMENTAL New York, New York CONSERVATION The New York State Department of Environmental Conservation (NYSDEC) has th th This fact sheet serves to announce the determined that 17 and 10 Associates LLC (“the Volunteer”) has achieved remediation completion of remediation requirements requirements to address contamination related to the West 17th Street and 10th Avenue for the West 17th Street & 10th Avenue site Site (“the Site”) located between West 17th Street and West 16th Street and bordered by under the New York State Brownfield 10th Avenue to the west (see addresses in left column) in the Chelsea section of New Cleanup Program (BCP). York City under New York’s Brownfield Cleanup Program (BCP). See attached map for

th th the location of the site. NYSDEC has issued a Certificate of Completion to the Volunteer West 17 Street and 10 Avenue regarding the Site. The Volunteer is now eligible to redevelop the Site. A copy of the Site Certificate of Completion (“the COC”) is available at the document repository identified 440-452 West 17th Street 445-459 West 16th Street in the left-hand box of this fact sheet. th 96-108 10 Avenue th th NYSDEC previously accepted an application submitted by 17 and 10 Associates LLC Document repository: to participate in the BCP. The application proposes that the site will be used for mixed- New York Public Library use with restricted residential purposes. Muhlenberg Branch rd 209 West 23 Street The COC issued by NYSDEC contains: New York, N.Y. 10011-2379 1) A description of the remedial activities completed; 2) A certification that remediation requirements have been or will be achieved; For Library hours, call: (212) 924-1585 3) The boundaries of the site; 4)A description of any institutional/engineering controls to be used. An institutional Project Contacts: control is a non-physical restriction on use of the site, such as a deed restriction, when the remedial action leaves residual contamination that makes Project Related Questions the site suitable for some, but not all uses. An engineering control is a physical barrier or method to manage contamination such as a cap or vapor barrier; Shaun Bollers 5) A certification that an operation, monitoring and maintenance plan for any New York State Department of engineering controls used at the site has been approved by NYSDEC. Environmental Conservation Division of Environmental Remediation, Region 2 For purposes of remediation, the site was divided into two operable units (OUs). OU1 is the eastern portion of the site, which is now fully occupied by the residential building. 47_40 21st Street th th Long Island City, NY 11101 OU2 is the High Line area that extends along 10 Avenue and the western portion of 16 (718) 482_4096 Street. OU2 will be completely occupied by commercial/retail space. Because of the [email protected] High Line, OU2 had construction restrictions, including limitations on excavating within 25 feet of the Highline supports. Health Related Questions Remedial Activities Dawn Hettrick Remediation was completed in January 2007 and included the excavation and proper off- New York State Department of Health 547 River Street site disposal of contaminated soil and fill. The remaining soil does not exceed site- Troy, NY 12180 specific soil cleanup objectives. It has also been covered with an engineered composite (518) 402_7880 cover consisting of a vapor barrier-membrane and the concrete foundation of the [email protected] redevelopment. A sub-slab depressurization system was also installed beneath the building erected in OU-2 to prevent the intrusion of residual vapors that could then be For more information about New York inhaled by occupants. In addition to these engineering controls there are a number of State’s BCP, visit: institutional controls required at the Site that are memorialized in the Environmental www.dec.state.ny.us/website/der/bcp Easement which has been recorded in the New York County Clerk’s Office.

A Site Management Plan (SMP) has been approved by the NYSDEC on August 26, 2005. A Supplemental Remedial NYSDEC. The SMP includes an Engineering and Institutional Investigation (SRI) was conducted in 2007. The Site was Control Plan, a Monitoring Plan for groundwater, an Operation declared not to be a significant threat by NYSDEC and New and Maintenance Plan for the groundwater monitoring wells, and York State Department of Health (NYSDOH). The Site was a Site Management Reporting Plan. The Engineering Controls remediated in accordance with the scope of work presented in provide protection from the residual materials for human health the NYSDEC-approved Remedial Action Work Plan (RAWP) and the environment and include the cover materials and a vapor dated November 2005, the approved Stipulations List dated barrier beneath the building foundation. The Institutional April 2006, the Remedial Action Work Plan Modification (June Controls, which are designed to prevent future exposure to 2006) and the Operable Unit 2 (OU2) Oxygen Release residual contamination, include restriction of the Site to Compound (ORC) Injection Work Plan (January 2007). commercial and restricted residential use, requirements for monitoring, inspections and certifications, prohibition of NOTE: vegetable gardens, and prohibition of groundwater use. If you know someone who would like to be added to the project mailing list, have them contact the NYSDEC project manager Next Steps listed on the front of this fact sheet. We encourage you to share NYSDEC issued the Certificate of Completion based on review this fact sheet with neighbors and tenants, and/or post it in a and approval of the Final Engineering Report (FER) submitted prominent area of your building for others to see. by 17th and 10th Associates LLC. The FER described the remedial activities completed and certified that remediation requirements have been achieved for the site. The FER was SITE LOCATION submitted to NYSDEC in December 2007 and approved in October 2008.

With its receipt of a COC, the Volunteer is eligible to redevelop the site. In addition, the Volunteer: • has no liability to the State for contamination at or coming from the site, subject to certain conditions; and • is eligible for tax credits to offset the costs of performing remedial activities and for redevelopment of the site.

A COC may be modified or revoked if, for example, the applicant does not comply with the terms of its Brownfield Cleanup Agreement (“BCA”) with NYSDEC, or if the applicant commits fraud regarding its application or its certification that it has met cleanup levels.

Background o 17th and 10th Associates LLC entered into a BCA with NYSDEC in January 2005. The site is located in the County of New York, Borough of , New York and is identified as Block 714 Document Repository and Lot 1 on the Tax Map. A Site Location Map A local document repository has been established to help the below shows the Site location. The Site is situated on a 1.213- th th public review important project documents. These documents acre area bounded by West 17 Street to the north, West 16 include the COC and the NYSDEC approved application to Street to the south, residential buildings and a small playground participate in the BCP. The location of the repository can be of the New York City Housing Authority (NYCHA) Robert found in the front of this fact sheet. Fulton Houses to the east and 10th Avenue to the west. An elevated New York City Rail Road (NYCRR) (the former High Line Viaduct) crosses over the southwest corner of the Site. A five-story residential building with street-level retail is located on the northwest corner of this geographic area; however, this structure is not part of the Site.

As part of the BCP, the Site was investigated by Fleming-Lee Shue, Inc. (FLS) in accordance with the scope of work presented in the NYSDEC-approved Remedial Investigation (RI) Work Plan dated February 2005 and the Supplemental RI Work Plan dated May 2005. The investigations were conducted between May 2005 and March 2007. The RI Report was submitted to